Section § 2832

Explanation

This law states that someone who seems to be the main person responsible for a debt (the principal) can prove they are actually just backing it up (a surety), meaning they are not primarily responsible for repayment. However, this does not apply to people who relied on the belief that this person was the main debtor. They don't need to prove the creditor accepted their role as a surety.

One who appears to be a principal, whether by the terms of a written instrument or otherwise, may show that he is in fact a surety, except as against persons who have acted on the faith of his apparent character of principal. It is not necessary for him to show that the creditor accepted him as surety.

Section § 2837

Explanation

This section states that when you're looking at a suretyship contract, which is like a promise to be responsible for someone else's debt or obligation, you should interpret it just like any other contract. However, except for some specific rules in another section, a surety who receives benefits from the agreement is treated the same as one who doesn't get any direct benefit.

In interpreting the terms of a contract of suretyship, the same rules are to be observed as in the case of other contracts. Except as provided in section 2794, the position of a surety to whom consideration moves is the same as that of one who is gratuitous.

Section § 2838

Explanation
Even if a creditor wins a lawsuit against a surety, the surety remains in the role of a surety. This means their responsibilities and status don't change just because they were taken to court and lost the case.
Notwithstanding the recovery of judgment by a creditor against a surety, the latter still occupies the relation of surety.

Section § 2839

Explanation

If the main obligation is fulfilled or appropriately offered to be fulfilled, the person who guaranteed it (the surety) is released from their responsibility.

 Section Twenty-eight Hundred and Thirty-nine. Performance of the principal obligation, or an offer of such performance, duly made as provided in this Code, exonerates a surety.

Section § 2845

Explanation

If you're acting as a surety, meaning you guarantee someone else's obligation, you can ask the person owed the debt (the creditor) to first try to collect from the person directly responsible (the principal) or use other actions that could lessen your own risk. If the creditor ignores your request and you suffer because of it, you might be off the hook for part of the obligation.

A surety may require the creditor, subject to Section 996.440 of the Code of Civil Procedure, to proceed against the principal, or to pursue any other remedy in the creditor’s power which the surety cannot pursue, and which would lighten the surety’s burden; and if the creditor neglects to do so, the surety is exonerated to the extent to which the surety is thereby prejudiced.

Section § 2846

Explanation

If you're a surety, which means you've guaranteed someone else's obligation, you can ask the person responsible for that obligation to fulfill it when it's time.

A surety may compel his principal to perform the obligation when due.

Section § 2847

Explanation

If you are a surety, meaning you promised to pay someone else’s debt if they don’t, and you end up paying it off, then the person who originally owed the money (the principal) has to pay you back, including any costs you had to cover. However, you can't ask other people to pay you back unless the next section of the law says you can.

If a surety satisfies the principal obligation, or any part thereof, whether with or without legal proceedings, the principal is bound to reimburse what he has disbursed, including necessary costs and expenses; but the surety has no claim for reimbursement against other persons, though they may have been benefited by his act, except as prescribed by the next section.

Section § 2848

Explanation

If someone guarantees a debt and ends up paying it off, that person can use the same ways the lender would to get their money back from the original debtor. Plus, they can also make other guarantors chip in, regardless of when each one agreed to guarantee the debt.

A surety, upon satisfying the obligation of the principal, is entitled to enforce every remedy which the creditor then has against the principal to the extent of reimbursing what he has expended, and also to require all his co-sureties to contribute thereto, without regard to the order of time in which they became such.

Section § 2849

Explanation

If you are a surety, which means you are guaranteeing someone else's debt or obligation, then you have the right to use any collateral or security that the creditor or another guarantor has, regardless of whether you knew about it when you agreed to be a surety.

A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor, or by a co-surety at the time of entering into the contract of suretyship, or acquired by him afterwards, whether the surety was aware of the security or not.

Section § 2850

Explanation

If a surety (someone who promises to pay another's debt if they fail to) has pledged their property along with the property of the person who originally owes the debt, the surety gets to have the debtor's property used first to pay off what's owed.

Whenever property of a surety is hypothecated with property of the principal, the surety is entitled to have the property of the principal first applied to the discharge of the obligation.

Section § 2854

Explanation

If someone owes you money and another person has promised to back up that debt (a surety), you can use any security or collateral the surety received from the debtor to ensure you get paid when the debt is due.

A creditor is entitled to the benefit of everything which a surety has received from the debtor by way of security for the performance of the obligation, and may, upon the maturity of the obligation, compel the application of such security to its satisfaction.

Section § 2855

Explanation

This law says that if an arbitration decision is made against the main person involved (the principal), it doesn't automatically apply to the person's guarantor, who promised to cover certain obligations. The law intends to use the current rules when dealing with these kinds of arbitration outcomes.

An arbitration award rendered against a principal alone shall not be, be deemed to be, or be utilized as, an award against his surety.
The intent of this legislation is to apply existing law to arbitration awards.

Section § 2856

Explanation

This law explains that a guarantor or surety, which refers to a person who agrees to be responsible for someone else's debt, can choose to give up certain rights. These rights include the ability to seek reimbursement from the person who owes the debt. The law allows these waivers to be valid even without specific legal wording in a contract, as long as the intent to waive is clear. Also, the law outlines that such waivers are not applicable for certain home mortgages. Generally, a creditor can demand payment from a guarantor without first resorting to foreclosing property, and the guarantor loses certain defenses if the debt is tied to real estate. Additionally, the waivers for loans associated with multi-family homes where the borrower lives are treated differently. If a waiver was agreed to before 1997, the rules at the time apply.

(a)CA Civil Law Code § 2856(a) Any guarantor or other surety, including a guarantor of a note or other obligation secured by real property or an estate for years, may waive any or all of the following:
(1)CA Civil Law Code § 2856(a)(1) The guarantor or other surety’s rights of subrogation, reimbursement, indemnification, and contribution and any other rights and defenses that are or may become available to the guarantor or other surety by reason of Sections 2787 to 2855, inclusive.
(2)CA Civil Law Code § 2856(a)(2) Any rights or defenses the guarantor or other surety may have in respect of his or her obligations as a guarantor or other surety by reason of any election of remedies by the creditor.
(3)CA Civil Law Code § 2856(a)(3)Any rights or defenses the guarantor or other surety may have because the principal’s note or other obligation is secured by real property or an estate for years. These rights or defenses include, but are not limited to, any rights or defenses that are based upon, directly or indirectly, the application of Section 580a, 580b, 580d, or 726 of the Code of Civil Procedure to the principal’s note or other obligation.
(b)CA Civil Law Code § 2856(b) A contractual provision that expresses an intent to waive any or all of the rights and defenses described in subdivision (a) shall be effective to waive these rights and defenses without regard to the inclusion of any particular language or phrases in the contract to waive any rights and defenses or any references to statutory provisions or judicial decisions.
(c)CA Civil Law Code § 2856(c) Without limiting any rights of the creditor or any guarantor or other surety to use any other language to express an intent to waive any or all of the rights and defenses described in paragraphs (2) and (3) of subdivision (a), the following provisions in a contract shall effectively waive all rights and defenses described in paragraphs (2) and (3) of subdivision (a):
The guarantor waives all rights and defenses that the guarantor may have because the debtor’s debt is secured by real property. This means, among other things:
(1)CA Civil Law Code § 2856(1) The creditor may collect from the guarantor without first foreclosing on any real or personal property collateral pledged by the debtor.
(2)CA Civil Law Code § 2856(2) If the creditor forecloses on any real property collateral pledged by the debtor:
(A)CA Civil Law Code § 2856(A) The amount of the debt may be reduced only by the price for which that collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price.
(B)CA Civil Law Code § 2856(B) The creditor may collect from the guarantor even if the creditor, by foreclosing on the real property collateral, has destroyed any right the guarantor may have to collect from the debtor.
This is an unconditional and irrevocable waiver of any rights and defenses the guarantor may have because the debtor’s debt is secured by real property. These rights and defenses include, but are not limited to, any rights or defenses based upon Section 580a, 580b, 580d, or 726 of the Code of Civil Procedure.
(d)CA Civil Law Code § 2856(d) Without limiting any rights of the creditor or any guarantor or other surety to use any other language to express an intent to waive all rights and defenses of the surety by reason of any election of remedies by the creditor, the following provision shall be effective to waive all rights and defenses the guarantor or other surety may have in respect of his or her obligations as a surety by reason of an election of remedies by the creditor:
The guarantor waives all rights and defenses arising out of an election of remedies by the creditor, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for a guaranteed obligation, has destroyed the guarantor’s rights of subrogation and reimbursement against the principal by the operation of Section 580d of the Code of Civil Procedure or otherwise.
(e)CA Civil Law Code § 2856(e) Subdivisions (b), (c), and (d) shall not apply to a guaranty or other type of suretyship obligation made in respect of a loan secured by a deed of trust or mortgage on a dwelling for not more than four families when the dwelling is occupied, entirely or in part, by the borrower and that loan was in fact used to pay all or part of the purchase price of that dwelling.
(f)CA Civil Law Code § 2856(f) The validity of a waiver executed before January 1, 1997, shall be determined by the application of the law that existed on the date that the waiver was executed.